2019 "Best Lawyers in America"

Florida Legal Malpractice Lawyers

Attorneys help clients with some of the most important and complex matters in their business and personal lives. Whether you seek a lawyer’s assistance to defend or pursue a personal injury lawsuit, structure your business or defend your innocence, the job that you entrust to an attorney can have a profound impact on your future. In some cases, attorneys fall short of their professional and ethical obligations and commit legal malpractice.

Legal Malpractice Claims

The Rules of Professional Conduct require that attorneys:

Put the best interests of their clients first.

Perform all services for clients with a reasonable degree of skill and competence.

Decline to accept cases if they lack the legal knowledge and skills to represent clients successfully, and if they are unable to acquire those skills through reasonable study.

If an attorney fails to adhere to the professional standard of care or provides representation to clients below the skill level which any reasonable attorney would have provided, the attorney may be found liable for legal malpractice.

Claims of legal negligence can be settled outside of court or pursued through civil litigation in federal or state court. These types of cases can be quite complex because it is necessary to establish the professional duty of care the attorney owed to his client and how the attorney fell short of fulfilling these duties.

Legal malpractice claims are not only difficult due to the need to prove that an attorney breached a duty, but also because of the challenges inherent in proving damages. A plaintiff must demonstrate that he or she suffered actual loss as a direct result of the negligent representation of the attorney. Because the outcome of litigation is inherently speculative, it is essential to retain an experienced Florida personal injury attorney to assist in proving damages.

Our litigators have received awards from local and national legal organizations and have been named among the Best Lawyers in America in 2013. Since the firm’s founding in 1967, our attorneys have protected the rights of thousands of clients and helped them recover full recompense for losses caused by professional malpractice.

Recent Firm News

MIAMI – May 23, 2019 – Miami-based litigation boutique Podhurst Orseck is pleased to announce that seven of its attorneys have been recognized as leaders in their respective fields in the 2019 edition of Chambers USA, one of the most...

Verdicts & Settlements

When noted scientist and financial analyst Miguel Octavio was hit by a car during an August bicycle ride in Boca Raton, Podhurst Orseck attorneys promised his wife they would do their best to get the case behind them by the holidays.

A federal district court judge on Wednesday gave her final approval to the settlement brought by more than 5,000 former players who accused the N.F.L. of hiding from them the dangers of concussions, a major hurdle in ending one of the most contentious legal battles in league history. The settlement is designed to provide payments of up to $5 million to players who have one of a handful of severe neurological disorders, medical monitoring of all players to determine when or if they may qualify for a payment and $10 million for education about concussions.

Top Class Action FAQs

A: A class action is a type of lawsuit in which the common claims and rights of similarly situated parties are collectively decided in a single case. There is good reason to allow class action lawsuits. It permits individuals who have been harmed to be treated fairly and equitably when contending with defendants who often have significantly more financial resources than individual claimants.

Top Commercial Litigation FAQs

A: This can vary considerably, as each case is unique and brings its own set of circumstances and complexities. Some matters may settle prior to trial while others may proceed to trial and possibly to appellate review.

Recent News & Blog Posts

MIAMI – May 23, 2019 – Miami-based litigation boutique Podhurst Orseck is pleased to announce that seven of its attorneys have been recognized as leaders in their respective fields in the 2019 edition of Chambers USA, one of the most